HomeMy WebLinkAboutORD 20ORDINANCE NO. 20
AN ORDINANCE OF THE CITY OF PALM DESERT,
CALIFORNIA, ESTABLISHING REGULATIONS AND
PROCEDURES FOR THE REMOVAL OF OVERHEAD
UTILITY FACILITIES AND THE INSTALLMENT
OF UNDERGROUND FACILITIES IN UNDERGROUND
UTILITY DISTRICTS.
The City Council of the City of Palm Desert, County of
Riverside, State of California, does ordain as follows:
SECTION 1. Definitions.
Whenever in this ordinance the words or phrases hereinafter
in this section defined are used, they shall have the respective
meanings assigned to them in the following definitions:
(a) "Commission" shall mean the Public Utilities
Commi—sa-ro—nof the State of California.
(b) "Underground Utility District or "District"
shall mean that area in the City within w is po es,
overhead wires, and associated overhead structures
are prohibited as such area is described in a
resolution adopted pursuant to the provisions of
Section 3 of this ordinance.
(c) "Person" shall mean and include individuals,
firms, corporations, partnerships, and their agents
and em;loyees.
(d) "Poles# overhead wires and associated overhead
Structures shall mean poles, towers, supports, wires,
conductors, guys, stubs, platforms, crossarms, braces,
transformers, insulators, cutouts, switches, communica-
tion circuits, appliances, attachments and appurtenances
located above -ground within a District and used or
useful in supplying electric, communication or similar
or associated service.
(e) "Utility" lity" shall include all persons or entities
supply__ ng—'e ecctric, communication or similar or
associated service by means of electrical materials
or devices.
SECTION 2. Public Hearing by Council.
The Council may from timt to time call public hearings
to ascertain whether the public necessity, health, safety or
welfare requires the removal of poles, overhead wires and
associated overhead structurec within designated areas of
the City and the underground installation of wires and
facilities for supplying electric, communication, or similar
or associated service. The City Clerk shall notify assessment
roll, and utilities concerned, by mail of the time and place
of such hearings at least then (10) days prior to the date
thareof. Each such hearing shall be open.to the public and
may be continued from tima to time. At each such hearing
alY persons interested shall be given an opportunity to be
heard. The decision of the Council shall be final and
conclusive.
AMENDED
BY ORDINANCE #..z.44..... .......
DATEED:...J-.J3.. }.............
i SECTION 1. R_eeert by City Engineer _(or _Other
_
Designated Agent -.
Prior to holding such public hearing the City Enginaer
S or other designated agent shall consult with all affected
utilities and shall prepare a report for submission at such
t hearing containing, among other information, the extent of
such utilities' participation and estimates of the total
S costs to the City and affected property owners. Such report
shall also contain an estimate of the time required to
6 complete such underground installation and removal of overhead
facilities.
T
8 SECTION 4. Council Mav Designate Underground Utility
s r e s y Resolution.
9
If, after any such public hearing the Council finds
10 that the public necessity, health, safety or welfare requires
such removal and such underground installation within a
11 designated area, the Council shall, by resolution, declare
such designated area an Underground Utility District and
12 order such removal and underground installation. Such
resolution shall include a description of the area comprising
13 such district and shall fix the time within shich such
removal and underground installation shall be accomplished
14 and within which affected property o::n.Ls must be ready to
receive underground service. A reasonable time shall be
15 allowed for such removal and underground installation,
having due regard for the availability of labor, materials
16 and equipment necessary for such removal and for the installation
of such underground facilities as may be occasioned thereby.
1T
18 SECTION S. Unlawful Acts.
19 Whenever the Council creates an Underground Utility
District and orders the removal of poles, overhead wires and
20 associated overhead structures therein as provided in Section
4 hereof, it shall be unlawful for any person or utility to
21 erect, construct, place, keep, maintain, continue, employ or
operate poles, overhead wires and associated overhead structures
22 in the District after the date when said overhead facilites
are required to be removed by such resolution, except as
23 said overhead facilities may be required to furnish service
to an owner or occupant of property prior to the performance
24 by such owner or occupant of the underground work necessary
for such owner or occupant to continue to receive utility
25 service as provided in Section 10 hereof, and for such
reasonable time required to Zemove said facilities after
26 said work has been performed, and except as otherwise provided
in this ordinance.
27
28 SECTION S. Exception, Emergency or Unusual Circumstances.
29 Notwithstanding the provisions of this ordinance,
overhead facilities may be installed and maintained for a
30 period, not to exceed ten (10) days, without authority of
the Council in order to provide meregency service. The
31 Council may grant special permission, on such terms as the
Council may deem appropriate, in cases of unusual circumstances,
32 without discrimination as to any person or utility, to
2
ORD. 20
.0'y.
1
1
a
4
a
6
T
a
9
10
11
12
is
14
1s
16
17
1a
19
20
21
22
23
24
25
25
V
28
29
s0
31
82
•
erect, construct, install, maintain, use or operate poles,
overhead wires and associated overhead structures.
SECTION 7. Other Exceptions.
in any resolution adopted pursuant to Section 4 hereof,
the City may authorize any or all of the fullc,wing exceptions:
(a) Any municipal facilities or equi-?ment installed
under the supervision and to the satisfaction of the
City Council or person authorized by the city Council.
(b) Poles, or electroliers used exclusively for
street lighting.
(c) Overhead wires (exclusive of supporting struc-
tures) crossing any portion of a District within which
overhead wires have been prohibited, or connecting to
buildings on the perimeter of a District, when such
wires originate in an area from which poles, overhead
wires and associated overhead structures are not
prohibited.
(d) Poles, overhead wires and associated overhead
structures used for the transmission of electric
energy at nominal voltages in excess of 34,500 volts.
(a) Overhead wires attached to the exterior surface
of a building by means of a bracket or other fixture
and extending from one location on the building to
another location on the same building or to an adjacent
building without crossing any public street.
(f) Antennae, associated equipment and supporting
structures, used by a utility for furnishing communica-
tion services.
(g) Equipment appurtenant to underground facilities,
such as surface mounted transformers, pedestal mounted
terminal boxes and meter cabinets, and concealed ducts.
(h) Temporary poles, overhead wires and associated
overhead structuues used or to be used in conjunction
with construction projects.
SECTION 8. Notice to Property owners and Utility
ompan es.
Within ten (10) days after the effective date of a
resolution adopted pursuant to Section 4 hereof, the City
Clerk shall notify all affected utilities and all persons
owning real property within the District created by said
resolution of the adoption thereof. Said City Clerk shall
further notify such affected property owners of the necessity
that, if they or any person occupying such property desire
to continue to receive electric, communication, or similar
or associated service, they or such occupant shall provide
all necessary facility changes on their premises so as to
receive such service from the lines of the supplying utility
or utilities at a new location.
ORD. 20
- 3 -
U
1"%k,
1
1
10
11
12
13
14
15
16
17
is
19
20
21
22
23
24
25
25
V
26
29
s0
$1
32
•
Notification by the
a copy of the resolution
together with a copy of
owners as such are sh
roll and w the affected
own
City Clerk shall be made by mailing
adopted pursuant to Section 4,
this ordinance,.to affected property
on the last equalized assessment
utilities.
SECTION 9. Responsibility of Utilitv Companies.
If underground construction is necessary to provide
utility service within a District created by any resolution
adopted pursuant to Section 4 hereof, the supplying utility
shall furnish that portion of the conduits, conductors and
associated equipment required to be furnished by it under
its applicable rules, regulations and tariffs on file with
the Commission.
SECTION 10. Responsibility of Property owners.
(a) Every person owning, operating, leasing, occupy-
ing or renting a building or structure within a District
shall construct and provide that portion of the service
connection on his property between the facilities referred
to in Section 6 and the termination facility on or
within said building or structure being served.
If the above is not accomplished by any person within
the time provided for in the resolution enacted
pursuant to Section 4 hereof, the City Council shall
give notice in writing to the person in possession
of such premises, and a notice in writing to the
owner thereof as shown on the last equalized assess-
ment roll, to provide the required underground
facilities within ten (10) days after receipt of such
notice.
(b) The notice to provide the required underground
facilities may be given either by personal service
or by mail. In case of service by mail on either of
such persons, the notice must be deposited in the
United States mail in a sealed nevelope with postage
prepaid, addressed to the person in possession of such
premises at such premises, and the notice must be
addressed to the owner thereof as such owner's name
appears, and must be addressed to such owner's last
known address as the same appears on the last equalized
assessment role, and when no address appears, to
General Delivery, City of Palm Desert, 92260. If
notice is given by mail, such notice shall be deemed
to have been received by the person to whom it has
been sent within forty-eight (48) hours after the
mailing thereof. If notice is given by mail to either
the owner or occupant of such premises, the City Council
or person authorized by the City Council shall, within
forty-eight (48) hours after the mailing thereof, cause
a copy thereof, printed on a card not less than eight
(8) inches by ten (10) inches in size, to be posted
in a conspicuous glace on said premises.
(c) The notice given by the City Council, or person
authorized by the City Council, to provide the required
underground facilities shall particularly specify what
work is required to be done, and shall state that if
said work is not completed within thirty (30) days
after receipt of such notice, the City Council or
ORD. 20
1
1
1
to
11
12
13
14
15
16
11
is
19
20
21
22
23
24
26
26
27
26
29
30
at
32
person authorized by the ^{ty council will provide
such required underground 1aciiities, in which case
the cost and expense there'. will. be assessed against
the property benefited and .some a lien upon such
property.
(d) If upon the expiratica vt the thirty (30) day
period, the said required undervround facilities
have not been provided, the City Council or person
authorized by the City Council shall forthwith proceed
to do the work; provided, however, if such premises
are unoccupied and no electric or communications
services are being furnished thereto, the City Council
or person authorized by the City Council shall in lieu
of providing the required underground facilities, have
the authority to order the disconnection and removal
of any and all overhead service wires and associated
facilities supplying utility service to said property.
Upon completion of the work by the City Council or
person authroized by the City Council, said Council
or person shall file a written report with the City
Council setting forth the fact that the required
underground facilities have been provided and the
cost thereof, together with a legal description of
the property against which such cost is to be assessed.
The Council shall thereupon fix a time and place for
hearing protests against the assessment of the cost
of such work upon such premises, which said time shall
not be less than ten (10) days thereafter.
(e) The City Council or person authorized by the City
Council shall forthwith, upon the time for hearing
such protests having been fixed, give a notice in
writing to the person in possession of such premises
and a notice in writing thereof to the owner thereo",
in the manner hereinabove provided for thi giving or
the notice to provide the required underground facili-
ties, of the time and place that the Council will pass
upon such report and will hear protests against such
assessment. Such notice shall also set forth the
amount of the proposed assessment.
(f) Upon the date and hour set for the hearing of
protests, the Council shall hear and consider the
report and all protests, if there by any, and then
proceed to affirm, modify or reject the assessment.
(g) If any assessment is not paid within five (5)
days after its confirmation by the Council, the
amount of the assessment shall become a lien upon
the property against which the assessment is made
by the City Council or person authorized by the
City Council, and said Council or person is directed
to turn over to the County Assessor and County Tax
Collector a notice of lien on each of said properties
on which the assessment has not been paid, and said
County Assessor and County Tax Collector shall add
the amount of said assessment to the next regular
bill for taxes levied aga!nat the premises upon which
said assessment was not paid. Said assessment shall
be due and payable at the same time as said property
taxes are due and payable, and if not paid when due
and payable, shall bear interest at the rate of six
percent (6t) per annum.
ORD. 20
r/001,
10"ti
F
I
2
4
10
11
12
13
14
15
16
17
is
19
20
21
22
23
24
25
26
27
2s
29
s0
31
32
SECTION 11. Reaponsibility of City.
City shall remove at its own expense all City -owned
equipment from all poles required to be removed hereunder in
araple time to enable the owner or user of such poles to
remove the same within the time specified in the resolution
enacted pursuant to Section 4 hereof.
SECTION 12. Extension of Time.
In the event that any act required by this ordinance or
by a resolution adopted pursuant to Section 4 hereof cannot
be perfromed within the time provided on account of shortage
of materials, war, restraint by public authorities, strikes,
labor disturbances, civil disobedience, or any other circumstances
beyond the control of the actor, then the time within which
such act will be accomplished shall be extended for a period
equivalent to the time of such limitation.
SECTION 13. Penalty.
It shall be unlawful for any person to violate any
provision or to fail to comply with any of the requirements
of this ordinance. Any person violating any provision of
this ordinance or failing to comply with any of its requirements
shall be deemed guilty of a misdemeanor and upon conviction
thereof shall be punished by a fine not exceeding Five
Hundred ($500.00) Dollars or by imprisonment not exceeding
six (6) months, or by both such fine and imprisonment. Each
such person shall be deemed guilty of a separate offense for
each day during any portion of which any violation of any of
the provisions of this ordinance is committed, con** hued or
permitted by such person, and shall be punisbable `or
as provided for in this ordinance.
SECTION 14. Constitutionality.
If any section, sub -section, sentence, clause or phrase
of this ordinance is for any reason held to be invalid, such
decision shall not affect the validity of the remaining
portions of this ordinance. The Council hereby declares
that it would have adopted the ordinance and each section,
sub -section, sentence, clause or phrase thereof, irrespective
of the fact that any one or more sections, sub -sections,
sentences, clauses or phrases be declared invalid.
SECTION 15. Publication.
The City C7.srk is hereby directed to cause this ordinance
to be posted three public pla•:zs, in accordance with
Resolution No. 73-4 and Section 36933 of the Government Code
of the State of California.
PASSED, APPROVED, and ADOPTED this 28th day of
PeHruary , 1974, by the following -votes
AYES A9"'0!i; lMM04; WIWIH; Nrn11ra9001t rT,.quv,
NOESt 'lone
ASSENTt "one
ORD. 20
- 5 -
.3,
?0--%,
\J
r�
1
1
i
3
4
s
t
9
10
11
12
is
14
15
16
17
is
19
20
21
22
2s
2<
25
26
2f
98
29
s0
s1
n
f6l' XA- ._.
or.
City of Palm ert, California
ATTEST e
ty er c
City of Pala Desert, California
7
ORD. 20
-p